Legal Reasons For Firing Employees In California
California has one of the broadest worker protections in the US. Employees are protected from discrimination and retaliation, which means employers cannot fire their employees for illegal or underhanded means. That said, this doesn't mean that employees cannot be fired at all. The reason for their termination just needs to be a legal one.
Here's a quick guide on Wrongful Termination in California and what does and doesn't qualify for it.
What Are The Legal Reasons To Fire An Employee In California?
After being fired, employees can quickly submit a claim with the Equal Employment Opportunity Commission (EEOC).
When this happens, the employer must demonstrate that the dismissal was due to specific behavior rather than animosity toward a group or class of persons. This is referred to as "firing for cause" in legal terms. There are a half-dozen sorts of valid termination reasons in general:
Incompetence, such as a lack of productivity or poor job quality
Dishonesty or disregarding corporate policies
Issues with attendance, such as frequent absenteeism or persistent tardiness
Theft or other criminal activity, such as divulging trade secrets
In the workplace, sexual harassment and other forms of discrimination are common.
Threats of physical violence towards coworkers
All of these actions obstruct a company's ability to perform correctly. However, if you're still unsure whether or not your boss fired you legally, consult with a Beverly Hills Employment Law Attorney In California. After all, no two cases are the same, so make you research and ask the right people for the next step to take.
Caveat: At-Will Employees
California is an at-will employment state, allowing employment agreements involving working at the employer and employee's discretion. This means that the employee can leave whenever they want, with no strings attached.
However, this also means employers can fire employees for any reason or no reason at all. That said, at-will employees are still protected from illegal grounds for termination (which still counts as Wrongful Termination).
That said, at-will employees should always consult with their Beverly Hills Labor Lawyer to help them sort out their current employment law claims.
What Are The Illegal Reasons To Fire Employees In California?
Despite being an at-will employment state, there are still worker protections from illegal reasons to be fired. If you were fired illegally in the state of California, you might be able to sue your employer for damages.
You have the right to launch a lawsuit against your employer if you were fired for the following illegal reasons:
Termination based on age discrimination, race and skin color discrimination, sex, gender discrimination, religious discrimination, sexual preference, marital status, military/veteran status, genetic information, national origin, whistleblower status, disability discrimination, etc.
When an employee reports or objects to illegal behavior
Making a request for accommodations
Taking a maternity leave
Demanding time off that you have earned or are entitled to, such as overtime, rest breaks, or lunch breaks
Taking advantage of your right to family and/or medical leave
Taking a break to vote
Serving on a jury
In the state of California, there are a variety of different reasons and situations when termination is considered illegal. These are some of them:
Firing in breach of anti-discrimination rules at the federal and state levels
Firing an employee as a form of harassment
Intentional termination in breach of labor laws
Employees who have filed a complaint or claim against the employer are fired in retaliation.
Termination as a result of a request for leave or a complaint submitted by an employee
Some offenses are punishable by law, while others require the employer to compensate the terminated employee for lost earnings and other expenditures. In addition, a Wrongful Termination action may result in the company paying punitive damages to the terminated employee in some situations.
When launching employment law claims, you'll need proper evidence to prove you've been discriminated against, retaliated against, or wrongfully fired. Hire a prescreened Beverly Hills Employment Lawyer to help you gather evidence, organize your paperwork, and meet critical deadlines.
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